Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Case of Fadiah Nadwa Fikri
In July 2018, lawyer Fadiah Nadwa Fikri was investigated by the police
under section 4(1) of the Sedition Act and section 233 of the CMA, for
posting an article on the blog, ‘Malaysia Muda’, which had been critical
of the interaction between Anwar Ibrahim, leader of the People’s Justice
Party (PKR), and Malaysian royalty.256
Soon after, in the same month, Fadiah was called in for questioning by
the police under section 9(1) of the Peaceful Assembly Act for attending
a solidarity event that had been held for her.257
In a similar case:
In August 2018, youth activist Asheeq Ali Sethi Alivi was investigated
by the police under the Sedition Act and CMA for alleged insult of Sultan
Muhammad V in a speech he made in a solidarity rally held to support
Fadiah.258
iii. Laws on sedition
Sedition laws have often been used to restrict freedom of expression,
due to overbroad provisions which allow for such abuse. This is evident
from the cases described above in Thailand and Malaysia where sedition
laws have been used to unduly limit speech relating to the monarchy. This
section analyzes how sedition laws in not only Thailand and Malaysia, but
also Myanmar, Brunei and Philippines have been misused to harass and
penalize individuals expressing themselves on questions of public interest,
by designating a wide range of expression as capable of causing “unrest” or
“disaffection” or of compromising national security or public order.
256 The blogpost is accessible at: Fadiah Nadwa Fikri, ‘Don’t Kiss the Hand that Beats You’, Malaysia
Muda, 9 July 2018, Available at: https://malaysiamuda.wordpress.com/2018/07/09/dont-kissthe-hand-that-beats-you/; See also FMT reporters, ‘Drop all charges against lawyer Fadiah, says
PJ MP Maria’, Free Malaysia Today, 12 July 2018, Available at: https://www.freemalaysiatoday.
com/category/nation/2018/07/12/drop-all-charges-against-lawyer-fadiah-says-pj-mp-maria/;
FMT Reporters, ‘Hakam condemns probe into lawyer Fadiah for sedition’, Free Malaysia Today, 11
July 2018, Available at: https://www.freemalaysiatoday.com/category/nation/2018/07/11/hakamcondemns-probe-into-lawyer-fadiah-for-sedition/
257 Vinodh Pillai, ‘At centre of sedition probe, Fadiah gets support from rights activists’, Free
Malaysia Today, 13 July 2018, Available at: https://www.freemalaysiatoday.com/category/
nation/2018/07/13/at-centre-of-sedition-probe-fadiah-gets-support-from-rights-activists/
258 Nurul Azwa Aris, ‘Cops seize activist’s phone in probe over ‘insulting’ Agong’, Free Malaysia Today,
14 August 2018, Available at: https://www.freemalaysiatoday.com/category/nation/2018/08/14/
cops-seized-activists-phone-in-probe-over-insulting-agong/
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